VELLIKULANGARA SERVICE CO-OPERATIVE BANK LTD,THRISSUR vs. THE ITO, THRISSUR

It emerges during the course of hearing that the NFAC has noted the assessee’s continuous non-appearance in the lower appellate proceedings before rejecting it’s grounds vide . Vellikulangara SCB Ltd. ex-parte order under challenge. Learned Sr. DR could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/sec.250(6) of the Act requiring it to give points for determination followed by a detailed adjudication thereof. Faced with the situation, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s risk and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly.

Delay of 45 days in filing the instant appeal is condoned as per assessee’s condonation averments and in light of Collector, Land Acquisition vs. MST Katiji [1987] 167 ITR 471 (SC) having settled the law long back that all such technical aspects must make a way for the cause of substantial justice.